RITA DEVI Vs. KARAM CHAND BALIA

JUDGEMENT

(1.) BY means of impugned judgment and decree, marriage between appellant wife and respondent No. 1 husband stands dissolved. They have two children, i.e. daughter about 10 years and son about 9 years old. Admittedly they are residing with the appellant. Marriage having solemnized in the year 1990, paternity of the children is not in dispute between the parties.

(2.) RESPONDENT No. 1 is employed as a Class IV employee in the Himachal Pradesh Town and Country Planning Department. When he filed petition for the grant of divorce, he was posted at Rampur Bushehar. At the time of hearing of this appeal, i.e. on 17.11.2003, he stated that his present place of posting is Dharamsala.

(3.) ON 31.3.2000 when husband was not there, respondent No. 2 was seen entering the house of the appellant at about 10.30 p.m. This was noticed by nephew (P.W. 2) of the husband. He along with other members of the family knocked at the door on her house. Appellant when questioned who was there in her house, replied in the negative. However, when Rajai (quilt) was lifted, respondent No. 2 was spotted there below that cot naked, except a shirt on his person.